Oregon Administrative Rules
Chapter 581 - OREGON DEPARTMENT OF EDUCATION
Division 2 - ACCOUNTABILITY REPORTING ADVISORY COMMITTEE
Section 581-002-0005 - Acceptance of Appeal
Universal Citation: OR Admin Rules 581-002-0005
Current through Register Vol. 63, No. 9, September 1, 2024
A complainant may appeal a final decision of a complaint described in OAR 581-002-0003 if the appeal meets the following criteria:
(1)
(a) Except as provided in paragraph (b) of
this subsection, the appeal must be from a final decision by a district. A
decision is a final decision by a district if:
(A) The complainant has exhausted the
district's complaint process except as otherwise allowed by statute;
(B) In a complaint process with more than one
step, the district fails to render a written decision within 30 days of the
submission of the complaint at any step, unless the district and complainant
have agreed in writing to a longer time period for that step; or
(C) The district fails to resolve the
complaint within 90 days of the initial filing of the complaint, regardless of
the number of steps in the district complaint process, unless the district and
complainant have agreed in writing to a longer time period.
(b) The appeal may include a
complaint alleging a violation of ORS
659.852(Retaliation)
if the complainant alleges that retaliation occurred in response to a complaint
for which the complainant received a final decision as described in paragraph
(a) of this subsection.
(2) The appeal must be received by the department no later than:
(a) One year after
the date of the decision by the district resolving the complaint; or
(b) If the district fails to resolve the
complaint, no later than two years after the date on which the complainant
first filed the complaint with the district.
(3)
(a) The
complaint upon which the appeal is based must have been initially filed with
the district by the later of the following two dates:
(A) The date occurring two years after the
date on which the alleged violation or unlawful incident occurred or on which
the complainant discovered the alleged violation or unlawful incident;
or
(B) The date occurring one year
after the date on which the affected student graduated from, moved away from,
or otherwise left the district.
(b) For purposes of paragraph (a)(A) of this
subsection, if the alleged violation or unlawful incident is of a continuing
nature, the date on which the alleged violation or unlawful incident occurred
is the most recent date on which the alleged violation or unlawful incident
occurred.
(4)
(a) The appeal must:
(A) Be in writing;
(B) Be submitted in person, by mail, or
electronically; and
(C) Contain:
(i) The name of the person filing the
appeal;
(ii) If the person filing
the appeal has a phone number, address, or email address, the person's phone
number, address, or email address;
(iii) If the person filing the appeal is
filing the appeal on behalf of a student, the name of the student;
(iv) A statement of the facts upon which the
appeal is based; and
(v) Other
information requested by the department.
(b) The Director of the Oregon Department of
Education may for good cause waive the requirement described in paragraph
(a)(A) of this subsection.
Statutory/Other Authority: ORS 326.051, ORS 339.303 & ORS 659.850 to 659.855
Statutes/Other Implemented: ORS 339.303, ORS 659.850 to 659.855 & ORS 339.285 to 339.303
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
